When we finally reach our deathbeds and are reflecting on all that went before, few of us will be wishing we’d spent more time in the hearings dungeon at the British Horseracing Authority. But I do wish, with the benefit of hindsight, that I’d gone along to the Danny Brock “modified whip” hearing last month which has since become such a hot topic. It’s good of the BHA to open up their hearings to press but unfortunately on this occasion it appears that no one took them up on it.
So we’re left to rely on the published reasons for an account of what happened. The detail that jumps out at me is the panel’s conclusion that “the modification of Mr Brock’s whip could not be said to have caused or contributed to the wealing of the horse”. In other words, they punished Brock on the basis that his act of leaving elastic bands on the end of his whip had not caused his mount’s injury.
This strikes me as a perverse conclusion. As Greg Wood pointed out the other day, we’re dealing with the first case of a modified whip being used for at least five years, which is also just the second case this year of a horse being wealed in a race. Would the ordinary, dispassionate observer think it reasonable to make a connection between the two? I’m thinking yes.
But further examination of the reasons shows that the panel had little option but to conclude there was no connection, because the BHA made no argument for a connection in its presentation to the panel. It’s case was presented by a staff member, rather than by a barrister or by its integrity director, Tim Naylor, who has handled other cases.
According to the reasons, that staff member “told the panel that it was not possible to say, one way or the other, if the rubber bands on the flap of the whip could have affected its compression factor. Therefore, the BHA did not make any positive case that the addition of the rubber bands had been the cause, in whole or in part, of the horse’s wealing”.
Having seen no evidence of a connection and heard no argument in favour of same, the panel could hardly find that a connection existed. In my view, it was incumbent on the BHA to make a positive argument that the elastic bands had probably led to the injury, on the basis that is reasonable to make such a connection. Whips are carefully designed and made to avoid protruding material precisely because any such protrusion could injure the horse.
The reasons also reveal the BHA asked the panel to impose just a five-day suspension on Brock, in line with existing guidelines. But the panel opted for seven days in a rare example of the judge seeing an offence as more serious than the prosecutor. Last week, the BHA said it would review the guidelines because the current punishments were not sufficiently severe. Why, then, did it not argue for a longer ban at the hearing last month?
In response to my queries, the BHA say: “It was not possible to say, one way or the other, if the two rubber bands on the flap of the whip could have affected its compression factor. The BHA did not make a positive case or a negative case either way, as it is simply not possible to prove either assumption. It was for the independent panel to determine how to interpret this information.
“The BHA’s position on penalty was to draw the attention of the independent panel to the appropriate rule and penalty structure for this case. The panel then have the ability to apply the rules and penalties in any manner they deem appropriate. In this case the independent panel found that they should approach this as a case of mistake rather than deliberate conduct and applied a penalty they felt appropriate for this offence.”
Wednesday’s best bets
I’m afraid the horses I most like have been shortening since betting began. The nap, De Name Evades Me (2.35), is a winning pointer having his second run over fences. He ran so far above his rating in a novice chase last month that I think he was lucky not to get raised and the Fergal O’Brien stable continues in hot form. There’s a little 11-4 and 5-2 still about.
From the same yard, Coolanly (3.05) is a good prospect for fences and is 9-4 from the opening 4s, which doesn’t seem to have lasted long. Earlier, Tractor Fred (2.00) could go well at 5-1 on his second start since joining Jamie Snowden from a yard with a lower profile.
At Ayr, the mudloving Calivigny (1.05) should go well for the in-form Nick Alexander yard and will be better for his reappearance run and this step back in trip. He’s 5-2.
Chris Cook’s tips
Bangor
12.45 Truckers Highway 1.15 Alsa Mix 1.50 Commodore 2.25 Springfield Fox 2.55 Burrows Park 3.30 Politicise 4.00 Heartbreak Kid
Exeter
12.55 Mrs Miggins 1.25 Kozier 2.00 Tractor Fred 2.35 De Name Evades Me (nap) 3.05 Coolanly 3.40 Nordic Combined 4.10 Queens Cave
Ayr
1.05 Calivigny (nb) 1.40 Victory Echo 2.15 Holy Motivation 2.45 Lord Springfield 3.20 Bafana Blue 3.50 Timetoroe